Definition Of A Band And Penalty Incurred By Members Thereof


ART.296

When at least four armed malefactors take part in the commission of
a robbery, it is deemed committed by a band.

Requisites for liability for the acts of the other members of the band:
1. That the accused was a member of the band;
2. That he was present at the commission of a robbery by that band;
3. That the other members of the band committed an assault; and
4. That he did not attempt to prevent the assault.


Conspiracy is presumed when 4 or more armed persons committed robbery.

In robbery committed by a band, all are liable for any assault committed
by the band, unless the others attempted to prevent the assault.

There is no crime as “robbery with homicide in band”. Band is only
ordinary aggravating circumstance in robbery w/ homicide

People V. Apduhan
   1. In order that special aggravating circumstance of unlicensed
      firearm be appreciated it is condition sine qua non that
      offense charged be robbery by a band under Art 295.
   2. Pursuant to Art 295, the circumstance of a band is qualifying
      only in robbery under par 3, 4 &5 of Art 294. Thus Art. 295
      does not apply to robbery with homicide, or robbery with rape,
      or robbery with serious physical injuries under par. 1 of Art.
      263.
   3. So special aggravating circumstance of unlicensed firearm is
      inapplicable to robbery w/ homicide robbery with rape, or
      robbery with physical injuries, committed by a band

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